We thank you for visiting our Internet website reachable on www.happyconsults.com (the “Website”), powered by [Reflections Limited] (“Happy Consults”).
Happy Consults is an online innovative platform focusing on subjects related to wellness with multidisciplinary experts in the fields of coaching, consulting, therapy and legal services mainly for people away from their home country.
Happy Consults makes information and services available on the Website, subject to the following terms and conditions for accessing, visiting and/or otherwise using any and all web pages and related services and materials (the “Terms”).
PLEASE READ THE TERMS CAREFULLY BEFORE USING THE WEBSITE. BY ACCESSING, VISTING AND/OR OTHERWISE USING THE WEBSITE, YOU ARE AGREEING TO BE BOUND BY THE TERMS: IF YOU DO NOT AGREE TO THE TERMS, PLEASE DO NOT USE THE WEBSITE.
“You” or “Your” means you personally (i.e. the individual who reads and agrees to be bound by the Terms) and, if you access the Website on behalf of a corporation or other legal entity, collectively, you and such corporation or other legal entity on whose behalf you access the Website are bound by the Terms.
1. ACCEPTANCE OF TERMS AND CONDITIONS
By using the Website, You agree to the present Terms.
Happy Consults reserves the right to modify or revise the Terms at any time and without notice.
Your continue use of the Website after such changes will indicate Your acceptance of such changes. Please remember to regularly consult this page in order to take note of any changes or amendments that may have been made to the Terms.
The version published on the Website at the relevant time applies between You and Happy Consults. If You have any questions about the Terms, You can contact the Website at: [https://happyconsults.com/contact-us/].
2. SERVICES PROVIDED
2.1 Nature of Happy Consults’s Services
Happy Consults consists of a Website providing support and services that qualified experts (the “Experts”) and individual users (the “Client”) can use to find, communicate with and interact with each other.
2.2 Happy Consults does not provide medical services
Happy Consults is a neutral venue for Experts and Clients which only aims to provide a platform in order for Experts and Clients to match each other.
Therefore Happy Consults is not a service provider and, except for support services and other resources specifically described in the Terms, does not provide directly medical services.
Happy Consults makes no representations or warranties about the quality of the services provided by Experts or about their interactions and dealings with Clients.
3. VALUES OF HAPPY CONSULTS
3. Integrative approach
Happy Consults believes that all dimensions of life are interconnected – mind, body, work, relationships, sustainability – to enable You to become whole.
Our network of Experts covers the various areas of life You need when away from home, from coaching, to consulting, therapy, wellbeing, legal services and more.
A wide range of consultations and educational content are provided to empower You with the knowledge and skills so that You can nurture yourself and navigate every day challenges.
Our user-friendly platform offers easy access wherever and whenever You have a need, both twenty four (24) hours and seven (7) days and in the comfort of Your own home or Your preferred place.
If Experts are not online, You can still book an appointment or leave a message and they will reply to You shortly.
At Happy Consults, our Experts are multicultural, multilingual, and have in most cases, a previous expatriate experience of their own.
Our trustworthy, accredited Experts are rigorously screened and selected according to their qualifications and years of experience and code of ethics.
These specialists are not only reputable in their field, they advocate growth, fulfilment, care and are aligned with our values.
Your privacy is our priority. Our platform creates a private and secure environment where Your identity and data remain entirely confidential and conversations are never recorded.
4. SOURCING & LISTING OF EXPERTS
Any eligible person able to register on the Website can apply to be Experts. After being verified by the Happy Consults’ team, Experts agree that their profile will be published on the Website and shared with Clients. However, Experts acknowledge and agree that creating account and paying subscription (as defined below) do not guarantee to obtain Clients.
Experts listed on the Website are not under the direction or control of Happy Consults, and they determine in their own discretion how to provide the services.
Though Happy Consults provides general guidance on its Website to Experts about publishing services and Clients about selecting Experts, Happy Consults does not employ, recommend or endorse Experts or Clients, and, to the maximum extent permitted by applicable law, we will not be responsible or liable for the performance or conduct of Experts or Clients, whether online or offline.
Happy Consults conducts an initial review of the Experts profiles and facilitates background checks or identification verifications on the Experts, but, except where explicitly specified in the Website (and then only to the extent specified), do not otherwise screen Experts.
Happy Consults will decide whether or not any person can be an Expert referenced on the Website and Happy Consults reserves the right to refuse an Expert’s registration at its sole discretion and without having to justify its decision.
As Clients, You should exercise caution and use Your independent judgment before engaging Experts, providing services, or otherwise interacting with users via the Website.
Clients and Experts are solely responsible for making decisions that are in the best interests of themselves.
5. REPRESENTATION & WARRANTIES
5.1 Representation & Warranties of Clients
By using the Website, You as Clients expressly acknowledge, represent and warrant that:
- You are legally eligible to use the Website;
- You shall create a Client account on the Website in order for You to enter into communication with Experts (the registration process for You is free of charge);
- You are solely responsible for any litigation and any legal proceedings relating to Your interaction with Experts.
5.2Representation & Warranties of Experts
By using the Website, You as Experts expressly acknowledge, represent and warrant that:
- Qualifications and performance of services
- You are legally eligible to provide the services;
- You shall provide Happy Consults with all the relevant certificates and proof of qualification related to Your services in order for You to be verified by Happy Consults;
- You are personally in charge to provide the services to the benefit of Clients, and cannot subcontract all or part of the said services to any third party without the prior written consent of Clients and Happy Consults;
- You shall respect the code of conduct related to Your profession when using the Website and providing the services.
- You have subscribed all the necessary professional insurances related to the normal practice of Your profession and those insurances shall also apply to your online practice though the Website.
- Account registration and payment terms
- Upon invitation only, You shall create an account on the Website in order for You to execute Your services;
- Happy Consults will collect payment from You via STRIPE and You acknowledge and agree to use the Website as the only channel for payment of the Subscription.
- A charge of 15 % will be retained for any online consultation You carried out via the Website, covering STRIPE financial fees, currency exchange (when applicable) and a commission.
- You expressly acknowledge and agree not to contact or initiate contact during the Service Performance Period, either directly or indirectly, with the Client with the intent of circumventing Happy Consults and avoid payment of the commission;
- You further agree not to undertake any transaction or a series of transactions of any kind with the Client or to collect any fees in connection with the Client without the express prior written consent of Happy Consults, which consent may be refused at its sole discretion.
- If You fail to pay any of Your Subscription fee, Happy Consults has the right to cancel Your account.
- As publishers, You are solely responsible for the Content (as defined below) used to present Your services as well as for all the information contained therein;
- You are solely responsible for any litigation and any legal proceedings relating to Your Content published or Your services accomplished towards a Client.
- You are liable for the Content and services you provide and this liability shall not be different from your general practice.
In no case shall Happy Consults be held liable in the event of violation of the rights of third parties or, for example, in the event of errors or omissions.
6. USE OF SERVICES AND WEBSITE
6.1 General provisions
By accessing and using the Website, You certify that You: (1) are at least 18 years and (2), will comply with all laws and regulations applicable to Your activities conducted through, or related to, the Website.
In addition to the foregoing, when You use the services or the Website, You agree:
- To use the Website only in a lawful manner and only for its intended purposes;
- Not to submit viruses or other malicious code to or through the Website;
- Not to use the Website, or engage with other users of the Website, for purposes that violate the law;
- Not to use the Website to arrange for the provision and purchase of services with another user, then complete transactions for those services outside of the Website;
- Not to use the Website for purposes of competing with Happy Consults or to promote other products or services;
- Not to post reviews about Experts that aren’t based on Your personal experience, that are intentionally inaccurate or misleading, or that violate these Terms;
- Not to post Content or materials that are pornographic, threatening, harassing, abusive, or defamatory, or that contain nudity or graphic violence, incite violence, violate intellectual property rights, or violate the law or the legal rights (for example, privacy rights) of others;
- Not to post “spam” or other unauthorized commercial communications;
- To use the Website only for Your own purposes, and not to impersonate any other person;
- Not to transfer or authorize the use of Your account for the Website by any other person, or to engage in fraudulent transactions;
- Not to provide false information in Your profile.
- Not to interfere with our provision of, or any other user’s use of the Website;
- Not to solicit another user’s username and password for the Website or any other sensitive personal information, including bank details;
- To abide by Hong-Kong laws, regulations, rules and policies during the services.
6.2 Suspension and termination
We reserve the right to suspend or terminate Your account and Your access to the Website: (1) if in our discretion Your conduct on the Website is inappropriate, unsafe, dishonest, or in breach of these Terms; or (2) if necessary in our discretion to protect Happy Consults, its users, or the public.
You may suspend or terminate Your use of the Website at any time and for any reason.
7. PERSONNAL DATA & PRIVACY
7.1 Registration & Account Security
If You elect to use the Website, You agree to provide accurate information about yourself and keep this information up-to-date. You agree not to impersonate anyone else and not to maintain more than one account (or, if Happy Consults suspends or terminates Your account, not to create additional accounts).
You represent and warrant that any information that You provide in connection with Your use of the Website is and shall remain true, accurate, and complete, and that You will maintain and update such information regularly. You agree that if any information that You provide is or become false, inaccurate, obsolete or incomplete, Happy Consults may terminate Your account.
You are responsible for maintaining the confidentiality of Your username and password for the Website and are responsible for all activity under Your account.
You agree to notify us promptly of any unauthorized use of Your account.
Happy Consults may require or allow both Clients and Experts to submit or upload text, photographs, images, videos, reviews, information and materials to their profile on the Website (the “Content”).
Notwithstanding the foregoing, Happy Consults may, in its sole discretion, (i) reject or remove anything You post, (ii) restrict, suspend, or terminate Your access to any or all of the Website, or (iii) cease to provide and maintain the Website, at any time, for any or no reason, with or without prior notice, and without liability. Upon doing so, we may retain or delete any information or Content that You provided.
You are the owner of the Content You post on the Website. Happy Consults does not claim any ownership rights in any.
However, by submitting Your Content, You grant to Happy Consults a worldwide, royalty-free, sub licensable, perpetual, irrevocable license to use, modify, publicly perform, publicly display, reproduce, and distribute Your Content for the limited purpose of providing, promoting, developing the Website and all related services.
7.2 Personal Data
Concerning Your data collection, storage and processing, subject to the provisions of foreign law (including the EU General Data Protection Regulation and related data protection laws of the EU) that might be directly applicable to Happy Consults, Happy Consults is subject to the International legal standards on data protection in force in Hong-Kong, which are recognized as guaranteeing an adequate level of data protection.
8. INTELLECTUAL PROPERTY RIGHTS
In order to allow Happy Consults to execute its services on the Website, Experts grant a free and non-exclusive license to Happy Consults to use, reproduce, represent, adapt and make available to the public the said Content, including in particular trademarks, logos, creations protected by copyright as well as any distinctive signs visible for the execution of their services.
In particular, Experts expressly grants Happy Consults the right to use their trademarks and/or logos together with trademarks and/or logos Experts.
This license shall be valid for the duration of these Terms.
In the event of suspension and/or termination of their account, Experts shall refrain from deleting and/or prematurely terminating the license granted on the Contents of any record corresponding to one of their services. The Website contains Content owned, operated, licensed, and/or controlled by Happy Consults.
The information and materials made available through the Website, are and shall remain the property of Happy Consults, its subsidiaries, affiliates, licensors and/or suppliers, and are protected by copyright, trademark, patent, and/or other proprietary rights and laws that is protected by copyright, trademark, trade secret, or other proprietary rights. Happy Consults grants You a limited, revocable, non-sublicensable right to view the Content of the Website solely for Your internal use of the Website.
You may not use, download, upload, copy, print, display, perform, reproduce, publish, license, post, transmit, rent, lease, modify, loan, sell, distribute, or create derivative works based (whether in whole or in part) on, the Website or any information from the Website, in whole or in part, without the express prior written authorization of Happy Consults.
Elements of the Website are protected by copyright, trade dress, trademark, unfair competition, and/or other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound, or image from the Website may be copied or retransmitted unless expressly permitted in writing by Happy Consults.
Nothing contained on the Website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of Happy Consults’s or its affiliates’ or suppliers’ trade names, trademarks or service marks without Happy Consults’s express prior written consent.
Our liability for any claims, injuries, loss, harm and/or damages arising from and/or in any way related to Your interactions or dealings with other users and the acts and/or omissions of Experts and Clients, whether online or offline, is limited to the total amount paid by the Experts to Happy Consults for registration and any moral prejudice suffered by any party.
You acknowledge and agree that, except to the extent we have liability under the Website’s, and to the maximum extent permitted by the applicable law, YOUR USE AND/OR PROVISION OF SERVICES ARE AT YOUR SOLE AND EXCLUSIVE RISK.
Nothing in these Terms will be construed as making either party the partner, joint venturer, agent, legal representative, employer, worker, or employee of the other.
Neither party will have, or hold itself out to any third party as having, any authority to make any statements, representations or commitments of any kind or to take any action that will be binding on the other, except as provided for herein or authorized in writing by the party to be bound.
These Terms are non-exclusive and do not prohibit Experts from offering services via other means or third parties.
The invalidity, illegality or unenforceability of any term or provision of these Terms will in no way effect the validity, legality or enforceability of any other term or provision of these Terms.
In the event a term or provision is determined to be invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and these Terms will be enforceable as so modified.
To the maximum extent possible under applicable local law, the Terms will be binding on and will inure to the benefit of the legal representatives, successors and assigns of the parties hereto.
11. LAW AND JURISDICTION
The Terms shall be governed by and construed in accordance with the laws of Hong-Kong.
Any dispute arising from Experts or Happy Consults out of, or in connection with, the Terms shall be exclusively submitted to the Hong-Kong International Arbitration Centre (the “HKIAC”) and shall be finally settled through arbitration before HKIAC, in accordance with the arbitration rules of HKIAC in force at the date of applying for arbitration. Arbitration shall be held in Hong-Kong.
Any dispute arising from Clients out of, or in connection with, the Terms shall be submitted to the relevant jurisdiction.
All the above applies only for individual online consultations of individuals. For consulations of employee of one of the HappyConsults corporate clients, please refer to the individual contract sent to expert.
[Reflections Hong-Kong Limited]